Headlines 13/03/2019 13:50 CH

Enterprise policies coming into force in the middle of March 2019

Quỳnh Như

Many policies on enterprises and business will come into force from March 11th to 20th, 2019, including the following remarkable ones:

1. All enterprise registration forms are replaced

This is a remarkable content of Circular No.02/2019/TT-BKHDT which amends Circular No.20/2015/TT-BKHDT providing for guidelines on enterprise registration.

This Circular is issued together with 86 forms, 41 of which are used for enterprises/ household businesses and the rest are for business registration authorities

The Circular also amends a number of regulations provided in Circular No.20 for the purpose of compliance with regulations in Decree No.108/2018/ND-CP dated August 23, 2018.

Circular No.02/2019/TT-BKHDT comes into force from March 11, 2019.

2. Conditions for issuance of certificates of scientific and technological enterprises

According to Decree No.13/2019/ND-CP an enterprise producing or trading products derived from the scientific and technological results shall be granted a certificate of scientific and technological enterprise if: 

(1) it is founded and operated under provisions of the Law on Enterprises;

(2) it is able to create or apply the scientific and technological results that have been assessed, validated and recognized by a competent authority in compliance with regulations in Clause 2 Article 7 of this Decree;

(3) the revenue from production of or trade in products generated from the scientific and technological results accounts for at least 30% in its total revenue. 

An enterprise that has been founded for less than 5 years is only required to meet two conditions (1) and (2) to be granted a certificate of scientific and technological enterprise.

This certificate is the basis for provision of incentives and assistance for enterprises nationwide.

Decree No.13/2019/ND-CP comes into force from March 20, 2019.

3. New regulations on procedures for granting karaoke business licenses

Decree No.11/2019/ND-CP amending Decrees on administrative procedures for requesting submission of notarized or true certified copies under management of the Ministry of Culture, Sports and Tourism comes into force from March 15, 2019.

According to the Decree, The application for a karaoke business license includes:

- An application form for granting a karaoke business license which specifies the location, number of rooms and the area of each room;

- The enterprise registration certificate/ household business registration certificate which may be:

+ a true certified copy or both a copy and the original for comparison purposes (if the application is sent directly);

+ a true certified copy (if the application is sent by post).

(Previously a notarized or true certified copy is required)

The Department of Culture, Sports and Tourism or the authorized district-level People's Committee shall grant the license or provide explanation in writing in case the application is rejected within 7 working days from the day on which the satisfactory application is received.

4. Representative agency of the state capital owner in wholly-state owned enterprises

According to Decree No.10/2019/ND-CP the state agency exercising rights and duties of the state capital owner on behalf of the state in enterprises of which 100% charter capital is wholly owned by the State and in joint stock companies, multi-member limited liability companies with state capital (hereinafter referred to as "enterprises") include:

- Management board for state capital in enterprises for enterprises regulated by the Government

- Ministries, ministerial agencies, Governmental agencies and provincial People’s Committees for:

+ Enterprises founded as decided or managed by ministries or provincial People's Committees;

Such enterprises shall not be the ones transferred to the management board for state capital in enterprises and State Capital and Investment Corporation.

+ Enterprises transferred to the management board for state capital in enterprises and State Capital and Investment Corporation pending the transfer.

- State Capital and Investment Corporation shall exercise rights of the representative agency in enterprises transferred from Ministries and provincial People's Committees as per law provisions.

Decree No.10/2019/ND-CP comes into force from March 15, 2019.

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